ROCKFORD — The city has reached a tentative agreement with its police union to release information union leaders say is pertinent to their case against Chief Chet Epperson.

Police Benevolent and Protective Association Unit 6, which represents Rockford rank-and-file police, wanted the city to turn over police reports, officers’ notes, memorandums and other materials they had requested through a subpoena for use in a disciplinary case against Epperson.

The city had said the request included privileged information that should not be disclosed publicly.

The Rockford Fire and Police Board of Commissioners met today to hear the union’s motion to force the city to release the records. Hearing officer Ian Linnabary, the board’s secretary, took a more pragmatic approach by asking both parties to come to an agreement about releasing the documents.

So three sets of lawyers — two representing the union, two serving the city, and one on behalf of Epperson — convened in private for about an hour to reach an agreement. In the end, the city said it would release the information to the union Wednesday after redacting portions it believes are subject to attorney/client privilege and would not be subject to disclosure under the Freedom of Information Act.

The full documents without any information blacked out could be released to the union if both sides agree to a protective order. The order means the information will not be shared publicly.

The union’s attorneys and Epperson’s counsel said they prefer the documents be released without restrictions. But the union abided by Linnabary’s request to compromise with the city, union attorney Dan McGrail said.

“If we go to a hearing, the key word is if, I want everything to be presented to this board,” Epperson’s attorney, Thomas McGuire, said. “The public has a right to know, and I don’t want any limitations.”

McGuire maintained his previously argued position that the board has no authority over the police chief. He said Mayor Larry Morrissey, with advice and consent of the City Council, has legal authority over Epperson, who was not at the hearing. An April 2006 story in the Register Star said the board voted 2-1 to promote Epperson as chief.

McGrail and Dan Cain, who each appeared with Union President Terry Peterson, also asked the board to allow them to subpoena witnesses during a probable-cause hearing. Linnabary denied that request, saying the board has not previously allowed witnesses to be subpoenaed for such a hearing. If the board decides there is probable cause to conduct a full discipline hearing against the chief, both sides would be allowed to subpoena witnesses.

Page 2 of 2 - Cain argued that officers were afraid to testify against the chief and needed to be compelled to do so by subpoena. Epperson’s attorney said he also would welcome allowing subpoenas at a hearing.

“I’ve heard several times this accusation that the police officers fear the chief of police,” McGuire said. “There’s a lovely word that covers that: hogwash.”

The board will meet again at 9 a.m. Monday to discuss outstanding issues and hear Epperson’s motion to dismiss the complaint. The probable-cause hearing, initially set for Monday, will be rescheduled pending the results of next week’s meeting.

The union’s attempt to seek disciplinary action against the chief stems from an Oct. 30, 2013, welfare check at the home of Lloyd Johnston, president of the NAACP’s Rockford branch.

Johnston attended Tuesday’s hearing but wasn’t asked to make any statements to the board. He told the Register Star he had not appeared to support the chief or the union but to present the truth if asked.

Johnston’s ex-wife had called police from New York asking for a welfare check on their adult son, who lived with Johnston and his wife, and had falsely said there was a history of physical altercations between the two. One officer’s aggressive approach and threat to “kick in the door” took Johnston aback, he said, so he attempted to contact Peterson by phone. When he couldn’t find Peterson’s number quickly, he called Epperson’s cellphone. A supervisor was sent to the scene, and Johnston’s son came to the door to prove to police that he was OK.

Union leaders say Epperson undermined officers and potentially threatened the safety of Johnston’s son because he didn’t ask police on the scene for any details before instructing Johnston to wait for a supervisor.

“If the chief knew all the details, he certainly can make those decisions,” McGrail said. But whether you’re the chief or not, “you don’t interfere with police activities without knowing what’s going on.”